Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj (None)     30 April 2014

Rejection of plaint order vii rule 11

Contract of Personal services are not enforceable by section 14(2) of Specific Relief ACT. Does that mean terms & conditions of the employment contract are also not enforceable ?

If terms & conditions in the written employment contract is such that there is monetary transaction has to be paid if terminated involuntarily by the employer within first two years. But there is no time limit mentioned for such payment in the contract.

Where employer breaches its own standard policy in the form of facilities given to certain class of employees can they breach their own policy and take a stand we do not wish to apply own policy because "contract of personal services are not enforceable" ? then why that facilities were mention in writing in the contract ? Was it to defraud?



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     02 May 2014

It depends on the individual cases referred thereto, in your case this may not  be applicable, show your contract related papers to a service lawyer and seek his opinion about further course of action that can be taken on it.

Raj (None)     04 May 2014

Thank you Mr. Kalaiselvan. 

I read several decisions which says "ordinarily"  contract of PS are not enforceable .  A company breaching its own policy is not an ordinary matter.  Such policies are made to tell employees how they are govern, what are applicable to them what not so on. By these policies they win the trust of employees.  Based on such trust employees takes big decisions in their life.  I am aware that compensation can be claimed in all ordinary situation of breach of contract, but can reinstatement be claimed before civil court ? or, labor court is the only place for reinstatement even the employee doesn't belongs to labor class?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register